This is a blog about the small town of Tucker, Georgia, which is located just outside the major metropolitan area of Atlanta, Georgia. On March 13, 2013, the residents of Tucker learned that a small group of politically motivated individuals who lived nearby wanted to incorporate using Tucker's commercial areas and leaving many of the long-time residents on the outskirts of the new city. This is the story of how the residents have fought back to preserve history and their own community.

A senate committee released the findings from their study last month and found that “city-lite” models, such as with the newly formed city of Tucker, contain unconstitutional provisions.

The Senate Annexation, Deannexation and Incorporation Study Committee was called for by Senator Elena Parent of District 42 last summer with appointments to the committee made by Lt. Governor Casey Cagle.

“I thought it was time to take a look at the formal process or lack-thereof of the formation of these cities to see if there were ways to make the process more uniform, transparent and fair,” Parent said. “I served as chair and we heard some really solid input and testimony from a variety of groups and I am hopeful some of the recommendations we made will move ahead and be made into law.”

The city-lite concept in question allows for a limited number of services to be provided compared to the larger number provided by traditional cities.

In the case of Tucker, citizens decided on three basic service areas, with all others remaining in county control. This model dictates that additional services cannot be added without citizens voting on them.

The Dec. 16 report stated that “the city-lite concept appears to be unconstitutional because the process of requiring voter approval before a city may provide a specific service is a limitation on the powers of the city by a local law, which would run afoul of the Supremacy Powers Clause.”

Because of this, the study recommends prohibiting the city-lite concept from being included in future municipal incorporation proposals.

“Additionally, the city-lite provisions should be closely reviewed in the charters of Peachtree Corners, Tucker and in any pending incorporation proposals,” the study stated.

The study found that often the services which are either shared or divided between cities and counties lead to tension over the sharing and redistribution of revenues.

“Especially harmful to the county are situations in which it must continue to provide the bulk of costly services, yet the revenue used to provide them is now redirected to the new city that provides fewer services,” the report stated.

Though many new cities say taxes will not go up without voter approval, the study found that no approval is legally needed.

Other recommendations include studying an alternative to fully-formed cities; referendum and feasibility study requirements being codified; and a further study of the transfer and compensation of property due to annexations to establish a more uniform and equitable method.

Another recommendation is to change the language in the charters to clarify that cities can increase their tax rate, or millage cap, without voter approval. According to the report there is nothing to stop a city council from altering or removing a millage cap through home rule powers.

“I think it is important for residents of Tucker to note that the legislative council’s opinion is that the city-lite concept would not be constitutional, but I do not think it renders their city unconstitutional,” Parent said.

Those who helped fight for cityhood in Tucker feel differently.

“The charter for Tucker is law, and anyone saying it is unconstitutional is just voicing an opinion,” said Frank Auman*, a volunteer member of the grassroots pro-city group Tucker 2015.

Other members on the committee included Senator John Albers, Senator Charlie Bethel, Senator Frank Ginn and Senator Fran Millar.

* Neighborhood Newspapers should have noted that this comment was made by a mayoral candidate who has run for political office in Tucker in the past and lost. He also is listed as the owner of "Cheatum Chemicals" a company that could stand to benefit if the rules of industry are lightened inside city boundaries.

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When met with objections, they promptly began holding meetings anyway. And they hired staff members, specifically lawyers, more specifically lawyers who are experts in election laws and understanding the charter.

The seats for District 2 were decided in a runoff election March
29. And April 1, the results were deemed finalized by the Elections Supervisor in DeKalb County. A separate swearing
in ceremony was held at Tucker Recreation Center for them.

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IMPORTANT RUNOFF ELECTIONTUESDAY, JULY 26! DEKALB COUNTY'S DISTRICT 4 CHOOSES BETWEEN INCUMBENT BARNES-SUTTON OR CHALLENGER BRADSHAW!

If you DID NOT vote in the last election, do not despair, you can STILL VOTE in the July 26 Runoff so long as you were registered to vote at the time of the first election. To have a say in this runoff, you will need to ask for a "Democratic ballot" for you to cast your vote on.

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Commissioner Sharon Barnes Sutton (of the 4th District in DeKalb County) has a long history of arriving to work late (Commission meetings and/or committee meetings) and/or not showing up at all. We ask that you review the following records (prior performance and work history/records of arriving to work on time and/or showing up) and ask if teachers that are not elected officials could get away with the same violations:

Who drew this map? We are not really sure. We stumbled upon it recently while looking for Tucker election results. We do, however, think this map, called "Tucker Township" actually shows a good compromise between Tucker and Lavista
Hills that could have worked well for everyone. It offers a great way to
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the 2013 and 2014 legislative sessions? And, why is Tucker's city still
being allowed to move forward when it has been called
"unconstitutional" by even the legislators who supported it?
Limited services government in the form of a new city is something that the Georgia constitution does not allow, apparently. But, unless citizens decide to fight the creation of Tucker or Peachtree Corners, two of such limited cities are going to continue operating until someone tells them that they cannot.
Save Tucker…